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Full text of "USPTO Patents Application 10538532"

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Rev 2/06 




PATENT 



UNITED STATES PATENT AND TRADEMARK OFFICE 



In re application 

Application No. 
Filed 

Confirmation No. 
For 

Attorney's Docket 



Josephus Mauritius Bernardus Maria 

van der Vossen et al . 
10/538, 532 
March 24, 2006 
4253 

PROCESS CONTROL BASED ON ANALYSIS OF MICROBIAL 

POPULATIONS 

VER-192XX 

TC Art Unit: 163 6 



************************************ 
I hereby certify that this correspondence is being deposited with the 
United States Postal Service as first class mail in an envelope 
addressed to: Mail Stop Amendment, Commissioner ^f or Patents, P.O. Box 
1450, Alexandria, VA 22313-1450 on 



issioner A ror Pate 




Charles L. Gagn^oin ^11 
Registration No. 25 ,467 
Attorney for Applicants 



************************************ 



SUPPLEMENTAL INFORMATION DISCLOSURE STATEMENT 



Commissioner for Patents 
P.O. Box 1450 
Alexandria, VA 22313-1450 



Sir: 

It is desired to cite for the record in this application the 
enclosed references listed on the attached copy of PTO Form #1449. The 
paragraph (s) marked below are applicable to this Information Disclosure 
Statement . 

[ ] (1) Pursuant to 37 C.F.R. § 1.97(b)(1) and (2), the attached 
Information Disclosure Statement is being filed within three 
months of the filing date of the above identified national 
application or within three months of the date of entry of the 
national stage as set forth in 37 C.F.R. § 1.491 of the above 
identified application. Accordingly, applicant (s) believes that 
no fee or statement under 37 C.F.R. § 1.97(e) is required. 



Application No.: 10/538,532 
Filed: March 24, 2006 
Confirmation No. : 4253 
TC Art Unit: 163 6 



[X] (2) Pursuant to 37 C.F.R. § 1.97(b)(3), applicant(s) believes the 
attached Information Disclosure Statement is being filed before 
the mailing date of a first Office action on the merits. 
Accordingly, applicant (s) believes that no fee or statement under 
37 C.F.R. § 1.97(e) is required. 

[ ] (3) Pursuant to 37 C.F.R. § 1.97(b)(4), applicant(s) believes the 
attached Information Disclosure Statement is being filed before 
the mailing date of a first Office action after the filing of a 
request for continued examination under § 1.114. Accordingly, 
applicant (s) believes that no fee or statement under 37 C.F.R. § 
1.97(e) is required. 

[ ] (4) Pursuant to 37 C.F.R. § 1.97(c), the attached Information 
Disclosure Statement is being filed before the mailing date of a 
final action or a notice of allowance and is accompanied by: 

[ ] a statement under 37 CFR § 1.97(e); or 

[ ] the fee set forth in § 1.17(g). 

PETITION UNDER 37 CFR § 1.97(d) 

[ ] (5) Pursuant to 37 CFR § 1.97(d), applicant(s) hereby petitions 
the Commissioner to consider the attached Information Disclosure 
Statement which is being filed on or before payment of the issue 
fee. This petition is accompanied by a statement under 37 C.F.R. § 
1.97(e) and the petition fee set forth in 37 C.F.R. § 1.17(p). 

STATEMENT UNDER 37 C.F.R. § 1.97(e) (1) 

[ ] (6) The undersigned hereby states that eac&v item of information 
contained in the attached Information Disclosure Statement was 
first cited in any communication from a foreign patent office in a 
counterpart foreign application not more than three months prior 
to the filing of this Information Disclosure Statement. 

STATEMENT UNDER 37 C.F.R. § 1.97(e)(2) 

[ ] (7) The undersigned hereby states that no item of information 
contained in the attached Information Disclosure Statement was 
cited in a communication from a foreign patent office in a 
counterpart foreign application and, to the knowledge of the 
undersigned after making reasonable inquiry, no item of 

-2- 

WEINGARTEN, SCHURGIN, 
GAGNEBIN & LEBOVICI, LLP 
TEL. (617) 542-2290 
FAX. (617) 451-0313 



Application No.: 10/538,532 
Filed: March 24, 2006 
Confirmation No. : 4253 
TC Art Unit: 1636 

information contained in the attached Information Disclosure 
Statement was known to any individual designated in 3 7 C.F.R. § 
1.56(c) more than three months prior to the filing of this 
Information Disclosure Statement. 

Where the status of the application has changed, unknown to the 
applicant, such that the boxes checked are no longer applicable, the 
Commissioner is authorized to accept this submission with any- 
additional fees required by that change charged to Deposit Account No. 
23-0804. 

The filing of this Information Disclosure Statement is not a 
representation by the undersigned as to personal knowledge of the 
contents of every word or phrase of the material enclosed or that 
reliance on other suitably trained professionals has not been made. The 
filing of this Information Disclosure Statement is not to be construed 
to be an admission that the information cited herewith is, or is 
considered to be, material to patentability as defined in 37 CFR 
§1. 56(b), or that Applicant(s) is(are) unable to provide an affidavit 
under 37 CFR §1.131 swearing back of such information. 

If a search report of a searching agency is enclosed identifying 
the nature of the relevance of each document, such a designation is 
deemed to satisfy 37 C.F.R. § 1.98(a)(3) even if in a foreign language 
because the codes are the same in all languages. However, applicant (s) 
does not necessarily adopt the position reflected by that report. 



Copies of the foreign references and/or non-patent references 
cited in the International Search Report (ISR) and our IDS at filing are 
now enclosed. 



-3- 

WEINGARTEN, SCHURGIN, 
GAGNEBIN & LEBOVICI, LLP 
TEL. (617) 542-2290 
PAX. (617) 451-0313 



Application No.: 10/538,532 
Filed: March 24, 2006 
Confirmation No.: 4253 
TC Art Unit: 1636 



The Commissioner is hereby authorized to charge payment of any 
additional fees associated with this communication or credit any 
overpayment to Deposit Account No. 23-0804. Triplicate copies of this 
letter are enclosed. 

Respectfully submitted, 

JOSEPHUS MAURITIUS BERNARDUS MARIA 
VAN DER VOSSEN ET AL. 



CLG/laf 
Enclosure 

350897.1 



By: 




Charles J/T Gagne^in III 
Registration wo. 25,467 
Attorney for Applicant (s) 



WEINGARTEN, SCHURGIN, 

GAGNEBIN & LEBOVICI LLP 
Ten Post Office Square 
Boston, Massachusetts 02109 



Telephone : 
Telecopier: 



(617) 542-2290 
(617) 451-0313 



WEINGARTEN, SCHURGIN, 
GAGNEBIN & LEBOVICI, LLP 
TEL. (617) 542-2290 
PAX. (617) 451-0313 




Date: April 20, 2007 
Page 1 of 1 



^ EPARTMENT OF COMMERCE 

(REV. 05/03) PATENT AND TRADEMARK OFFICE 

INFORMATION DISCLOSURE CITATION 
(Use several sheets if necessary) 



ATTY. DOCKET NO. 

VER-192XX 


APPLICATION NO. 

10/538,532 


APPLICANT: Josephus Mauritus Bernardus Maria van der 
Vossen, et al. 


FILING DATE 

March 24, 2006 


TC ART UNIT 

1636 



U.S. PATENT DOCUMENTS 



EXAMINER 
INITIAL 




DOCUMENT NUMBER 


PUBLICATION/ 
ISSUE DATE 


NAME 


CLASS 


SUBCLASS 


FILING DATE 






US 
















US 












FOREIGN PATENT DOCUMENTS 






DOCUMENT NUMBER 


DATE 


COUNTRY 


CLASS 


SUBCLASS 


TRANSLATION 
YES NO 






EP 1 215 285 


6/19/2002 


European Patent Office 






X 








DE 195 43 993 


5/28/1997 


Germany 






X 








WO 99 09202 


2/25/1999 


WIPO 






X 








DE 199 17 955 * Abstract 


10/26/2000 


Germany 






*x 








WO 97 13873 


4/17/1997 


WIPO 






X 








JP2001 231598 *Abstract 


8/28/2001 


Japan 






*x 








GB 1 437 458 


5/26/1976 


United Kingdom 






X 








WO 97 05282 


2/13/1997 


WIPO 






X 








JP 53 084796 *Abstract 


7/26/1978 


Japan 






*X 





OTHER DOCUMENTS (including Author, Title, Date, Pertinent Pages, etc.) 



EXAMINER 



DATE CONSIDERED 



♦EXAMINER: Initial if citation considered, whether or not citation is in conformance with MPEP 609; Draw line through citation if not in conformance and 
not considered. Include copy of this form with next communication to applicant. 



CLG/laf/350895 (refs enc.) 

REFERENCES WERE CITED IN INTERNATIONAL SEARCH REPORT OF PCT/NL03/00885